Pre-Nuptial Agreements and Post-Nuptial Agreements
Most people marry for love, but marriage and civil partnership is also a financial union. In the eyes of the law, once you get married your finances become combined with your partner’s. If you break up, finances must be divided fairly and either party can make a financial claim.
However, this does not always reflect the realities of modern life. Many people get married later in life or may separate and remarry, often bring significant assets and children to their new relationships. You may not want everything you have worked for in life to go into the ‘marital pot’. Fortunately, you have options.
Making pre-nuptial agreements or post-nuptial agreements are the best way to protect your assets and financial interests. Recent court cases show that judges are very likely to take a pre-nup or post-nup into account during divorce or civil partnership dissolution proceedings.
How we can help you with pre-nups and post-nups
At Stephen Rimmer, our friendly and highly experienced family law solicitors can negotiate, prepare and advise on pre-nuptial and post-nuptial agreements.
We will ensure that your financial interests are safeguarded and enshrined in a strong legal document that fully reflects your wishes.
We understand that talking to a lawyer about finances and the possibility of getting a divorce or dissolution is not the most romantic way to embark on your marriage or civil partnership. However, putting this document in place now could save you a lot of heartache and stress later on.
Even if you never need to use your pre-nup or post-nup, simply having the conversation and making your wishes clear can prevent miscommunication and reduce the risk of arguments arising during your relationship.
Why choose our specialist pre-nuptial and post-nuptial agreement solicitors?
Our team includes several members of Resolution, a national network of family law professionals who are committed to helping families find constructive solutions to their problems without going to court (wherever possible).
We aim to provide a warm, welcoming environment to all our clients, hoping to foster a friendly and positive atmosphere where you can express your thoughts and needs openly. We understand that you may be concerned about raising unnecessary disagreements with your partner over your pre-nup or post-nup.
We are here to guide you through every aspect of the process smoothly, facilitating your conversations, listening to your worries and helping you avoid any conflict.
Our team will always put your interests first and adhere to the Resolution Code of Practice.
Book a free 30-minute consultation with our specialist pre-nuptial agreement solicitors in Eastbourne and Hastings
We offer a free, no obligation 30-minute chat with one of our specialist lawyers on post-nuptial agreements and pre-nuptial agreements to all new clients.
To arrange your initial consultation, you can:
Pre-nuptial and post-nuptial agreements FAQs
A pre-nuptial agreement is a contract two partners may choose to enter into before they get married to set out ‘who owns what’ in the relationship and how finances will be divided and arranged if they get divorced later on.
It can cover all types of finances, including:
- Business interests
- Financial arrangements from previous relationships
When two people get married or enter into a civil partnership, as well agreeing to the emotional bond of marriage/civil partnership, the couple agrees to legally and financially bind themselves together.
If the couple gets a divorce or dissolution later on, the law says that finances must be divided fairly. This means that money and property that is solely owned by one partner could be transferred to the other.
However, you may not necessarily want this to happen. A prenup can protect your financial interests and make sure that you and your partner are both on the same page about who owns what and what you are both entitled to.
Pre-nups are not for everybody, but you may want to think about making one if:
- You had significant money and property before you got married and you want to protect those assets.
- You expect to come into a lot of money in the future, for example, an expected future income or inheritance.
- You are remarrying and want to preserve money and inheritance for children or grandchildren from previous relationships.
- You have debts you do not want your partner to take on or vice versa.
- You have a business that you do not want to become a matrimonial asset.
- You have overseas assets you want to protect.
The only difference between a pre-nuptial agreement and a post-nuptial agreement is that a pre-nup is made before you get married and a post-nup is made after. The legal effect of both documents is the same.
It is a common misconception that pre-nups have no effect on divorce financial arrangements. Recent court cases now show that judges are highly likely to take pre-nups into account so long as:
- They are written up properly
- Both parties have received independent legal advice
- The parties are both honest and open about the extent of their finances
- Both parties entered into the agreement voluntarily (if one party was pressured into signing the agreement, it may be held invalid)
- The agreement is fair and does not favour one party over the other
Regularly reviewing the pre-nup agreements or post-nup agreements throughout the marriage is also important.
A judge may be more likely to consider a pre-nup reviewed within the last few years than one made 30 years ago then forgotten about.
For example, if the parties are independently wealthy when they get married and sign a pre-nup agreeing to a clean break and a 50-50 split upon divorce, if one partner then quits to raise the children and relies on the other for income, the pre-nup may need to be reviewed.
Yes, the agreements that civil partnership make are more commonly referred to as pre-civil partnership agreements or pre-registration agreements (or post-civil partnership agreements/post-registration agreements).
Book a free 30-minute consultation with our specialist pre-nuptial agreements solicitors in Eastbourne and Hastings
We offer a free, no obligation 30-minute chat with one of our specialist post-nuptial agreement and pre-nuptial agreement lawyers to all new clients.
To arrange your initial consultation, you can:
How can we help you?
Call us today on 01323 644222 to get the specialist help you need.